West Jordan, UT HOA Rules: CC&R Enforcement (2026)
Key Facts
- Rule
- Stricter of city code or CC&R controls, § 11-1-1A
- City title
- Does not nullify private covenants
- Conflict rule
- More restrictive provision applies, § 11-1-1B
- CC&R enforcement
- Private, not by the city
- Procedural rules
- Found in Title 15
Summary
West Jordan's land disturbance and land-use titles do not override a subdivision's own CC&Rs, HOA agreements, or similar covenants when those private documents are stricter. Section 11-1-1 makes the more restrictive provision control whenever the city's substantive land use rules conflict with another title, law, ordinance, or private covenant, but the city itself does not enforce HOA CC&Rs.
A. CC&Rs, HOA Agreements And Similar Covenants Or Agreements: This title shall not nullify the more restrictive provisions of covenants and agreements like covenants, conditions and restrictions (CC&Rs), homeowners' association agreements and similar covenants and agreements. B. Substantive Ordinances: This title contains substantive ordinances governing its subject matter and scope. In the event of a conflict between the substantive terms of this title or between this title and the substantive terms of any other title, law, ordinance or rule, the more restrictive provision shall apply.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-38: Code current through: Ord. 26-33, passed 6-23-2026).
Full Breakdown
Section 11-1-1 sets the baseline relationship between West Jordan's land disturbance ordinance (title 11) and private governing documents recorded against a subdivision. Subsection A states plainly that title 11 does not nullify the more restrictive provisions of covenants, conditions and restrictions (CC&Rs), homeowners' association agreements, or similar private covenants and agreements: if an HOA's own recorded documents impose a tighter standard than the city code, the HOA's stricter rule still applies to the property. Subsection B goes further and makes this a general conflict-resolution rule for the whole title: where the substantive terms of title 11 conflict with the substantive terms of any other title, law, ordinance, or rule, including a private covenant, the more restrictive provision controls, not automatically the city's own rule.
That said, the city code does not make itself the enforcement mechanism for CC&Rs. West Jordan enforces its own land disturbance, building, and land use titles through the Building and Safety Division, the City Engineer, and code enforcement citations under the applicable title, while CC&R violations remain a private matter between a homeowner and the HOA under the association's own governing documents and, ultimately, state law governing common-interest communities. Subsection C separately distinguishes substantive from procedural rules, directing users to title 15 of the city code for the application procedures that go with title 11's substantive land disturbance standards, and providing that if a procedural provision in title 11 clearly conflicts with title 15, title 15's procedure controls.
Violations & Fines
There is no city penalty for violating a private CC&R: West Jordan's role under section 11-1-1 is limited to letting the more restrictive of the city rule or the recorded covenant control on a given property. A violation of the city's own land disturbance requirements, separate from any CC&R, is enforced under title 11, chapter 6, including citations and, upon conviction, a Class B misdemeanor.
Frequently Asked Questions
Does West Jordan enforce my HOA's CC&Rs?
If my HOA's rule is stricter than the city code, which one applies?
Where do I find the procedures that go with West Jordan's land disturbance rules?
Sources & Official References
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